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LIBERTY MUT. INS. CO. v. PARADIS

Civ. A. No. 91-0222-T.

764 F.Supp. 13 (1991)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company, and Liberty Mutual Insurance Corporation v. Maurice C. PARADIS, in his capacity as Director of the Department of Business Regulation and as Insurance Commissioner of the State of Rhode Island, Dennis I. Revens, in his capacity as Administrator of the Workers' Compensation Court, William F. Tammelleo, in his capacity as Director of the Department of Labor and Acting Director of the Department of Workers' Compensation, and James E. O'Neil, in his capacity as Attorney General of the State of Rhode Island.

United States District Court, D. Rhode Island.

May 22, 1991.

Attorney(s) appearing for the Case

Deming E. Sherman, William P. Robinson, III and Judith Colenback Savage, Edwards & Angell, Providence, R.I. (William F. Cupelo, Liberty Mut. Ins. Co., Boston, Mass., of counsel), for plaintiffs, Liberty Mut. Ins. Co., Liberty Mut. Fire Ins. Co. and Liberty Mut. Ins. Corp.

Richard B. Wooley, Asst. Atty. Gen., and Ellen Evans Alexander, Sp. Asst. Atty. Gen., Providence, R.I., for defendants, Maurice C. Paradis, Dennis I. Revens, William F. Tammelleo and James E. O'Neil.

Marc Gursky, Providence, R.I., for intervenors R.I. AFL-CIO.

MEMORANDUM AND ORDER

TORRES, District Judge.

This is an action to declare void a Rhode Island statute requiring the future payment of annual cost-of-living adjustments to totally disabled workers' compensation recipients injured prior to the effective date of the statute and to enjoin the pertinent state officials from enforcing that requirement. The theory on which the plaintiffs seek relief is that the statute is unconstitutional because it impairs the...

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